Monster (9 page)

 

Can you tell me as much as you can about the plan and about what actually happened?

 

BOBO

 

We went over to the place and sat down on a car outside. Then we got the sign from him—

 

PETROCELLI

 

Let the record show that Mr. Evans is pointing toward Mr. Harmon. Go on.

 

O'BRIEN

 

Objection!

 

JUDGE

 

Sustained. Is he identifying him or not?

 

PETROCELLI

 

Can you identify the man from whom you got the sign that everything was all right?

 

BOBO

 

That's him, sitting next to the woman with the red hair.

 

PETROCELLI

 

Let the record show that Mr. Evans is identifying Mr. Harmon. Go on.

 

BOBO

 

So we got the sign that everything was
cool. King took a hit on some crank we had and then we went in. We started a beef with the dude behind the counter. He came up with a chrome and started shouting and stuff.

 

PETROCELLI

 

A chrome?

 

BOBO

 

Yeah. A gun. Anyway, King was trying to get the gun from him and I was going for the money. Then I heard the gun go off. I looked over and saw the guy falling down and King was holding the chrome. We grabbed what we wanted and split. That was it.

 

PETROCELLI

 

What else did you grab besides the money?

 

BOBO

 

We took some cigarettes and left.

 

PETROCELLI

 

Then what did you do?

 

BOBO

 

Then we went down to that chicken joint over Lenox Avenue, across from the bridge. We got some fried chicken and some wedgies and some sodas.

 

PETROCELLI

 

Who was with you at this time?

 

BOBO

 

Just me and King.

 

PETROCELLI

 

When did you find out that Mr. Nesbitt, the drugstore owner, was dead?

 

BOBO

 

The word was in the street that night.

 

PETROCELLI

 

What happened to the money you got from the robbery?

 

BOBO

 

Like I said, we spent some of it on
fried chicken and wedgies. Then me and King split the rest.

 

PETROCELLI

 

You indicated that Mr. Harmon gave you the all-clear signal so you could proceed with the robbery, is that right?

 

BOBO

 

Yeah.

 

PETROCELLI

 

And was he to get part of the money?

 

O'BRIEN

 

Objection! If Miss Petrocelli wants to testify in—

 

JUDGE

 

Sustained! Sustained! Let's not get carried away. Rephrase the question.

 

PETROCELLI

 

Was anybody else to share in the money?

 

BOBO

 

The little Puerto Rican boy was supposed to get a taste and King's friend was supposed to get a taste.

 

PETROCELLI

 

You said that you received a sign from Mr. Harmon. Can you tell me what that sign was?

 

BOBO

 

He was supposed to tell us if there was anybody in the drugstore. He didn't say nothing so we figured it was all right.

 

PETROCELLI

 

And you definitely saw Mr. Harmon coming from the drugstore, as planned?

 

BOBO

 

Right.

 

PETROCELLI

 

As far as you know, was the shooting of Mr. Nesbitt accidental?

 

BOBO

 

I asked King what happened, and he said he had to light him up because he was trying to muscle him. He was an old man, but he was strong like some of them old West Indian brothers. You know what I mean?

 

PETROCELLI

 

Can you tell me how it was that you were arrested?

 

BOBO (embarrassed)

 

I sold the cigarettes to this guy—his name is Bolden, Golden—something like that. Then he sold some to a white boy and then the white boy dropped a dime on him and he dropped it on me. Once it got going it was 4-1-1, 9-1-1, 7-1-1, I guess they was dropping dimes with 800 numbers, too. Then the cops came and started talking to me. I said I didn't know nothing about it, but then I got busted on a humble and went down.

 

PETROCELLI

 

Can you explain to the jury how you were busted?

 

BOBO

 

Man, this lame-looking brother with an attaché case come up to me and said he wanted to cop some rocks. I was so knocked out by this bourgie dude asking for crack that I slept the real deal. I laid the rocks on him and he slapped the cuffs on me. Cops don't usually show lame. That was definitely not correct.

 

JUDGE

 

He carried an attaché case?

 

BOBO

 

Can you believe that crap?

 

PETROCELLI

 

Mr. Evans, you were promised a deal for your testimony. Can you tell us what that deal is?

 

BOBO

 

If I tell what happened, the truth, then I can cop a plea to a lesser charge and pull 10 to 15.

 

PETROCELLI

 

Are you telling the truth today?

 

BOBO

 

Yeah.

 

PETROCELLI

 

Nothing further.

 

CUT TO: ASA BRIGGS. He shuffles through some papers, nods approvingly, and then approaches the podium from which he will question BOBO.

 

BRIGGS

 

Mr. Evans, you admit that you were in the drugstore, is that correct?

 

BOBO

 

Yeah.

 

BRIGGS

 

You also admit that you were in the drugstore to commit a felony. Is that correct?

 

BOBO

 

Yeah.

 

BRIGGS

 

So you were in the drugstore, committing a felony—the felony in this case being robbery—and during the commission of that felony a man was killed?

 

BOBO

 

Yeah.

 

BRIGGS

 

So by your own admission, under New York State law you are guilty of felony murder, for which the possible penalty is 25 years to life without parole?

 

BOBO

 

So?

 

BRIGGS

 

And you haven't been tried for this crime yet. So if you ever want to walk the streets again, you had better find somebody to take the weight. Isn't that correct?

 

BOBO

 

What you saying? Am I trying to cop a plea? I just told you I was trying to cop.

 

BRIGGS

 

And we know who you are, don't we? You're the dope dealer and the thief who could see a man killed and then go over to a fast-food place and have a nice meal. That's who you are, right?

 

BOBO

 

I didn't have nothing to eat all day.

 

BRIGGS

 

So after you killed Mr. Nesbitt—

 

BOBO

 

I didn't kill him.

 

BRIGGS

 

As far as this jury knows, you are the only man who admits being in the drugstore when Mr. Nesbitt was killed. You admitted to planning the robbery. You also admitted to taking the cigarettes, and you admitted to being there when Mr. Nesbitt was lying on the floor of the store he had worked so hard for. But now you blame somebody else for the killing to get a break for yourself, isn't that right?

 

BOBO

 

I think King was high or he wouldn't have shot the dude. He didn't have to shoot him. He's the cause of me being in this mess.

 

BRIGGS

 

Not you? You didn't want to do the stickup?

 

BOBO

 

Man, later for you.

 

BRIGGS

 

Nothing further.

 

JUDGE

 

Miss O'Brien?

 

O'BRIEN (from her chair)

 

Mr. Evans, when did you have a conversation with Mr. Harmon about this robbery?

 

PETROCELLI (smiling)

 

Perhaps counsel wants to approach the podium?

 

O'BRIEN stands and goes slowly to the podium, looking at her notes.

 

BOBO

 

I didn't have a conversation with him. He's King's friend.

 

O'BRIEN

 

So let me get this straight. What was
Mr. Harmon supposed to do if there were cops in the drugstore?

 

BOBO

 

Give us a signal.

 

O'BRIEN

 

And what was that signal to be?

 

BOBO

 

Something to let us know there were cops in there.

 

O'BRIEN

 

And if there were no cops in there, what was he supposed to do?

 

BOBO

 

I don't know.

 

O'BRIEN

 

You said you planned the robbery with Mr. King. Didn't he tell you?

 

BOBO

 

I thought King had it hooked up. He
told me he had everything straight.

 

O'BRIEN

 

You testified that you did not have a gun when you entered the drugstore. Is that correct?

 

BOBO

 

Right.

 

O'BRIEN

 

How did you know—how do you know now—that the gun that was used was not brought into the drugstore by whoever it was you were with?

 

BOBO

 

King said he didn't have no gun.

 

O'BRIEN

 

So you're relying pretty much on what you've been told about this robbery. Is that correct?

 

BOBO

 

'Cept what I seen.

 

O'BRIEN

 

And what you saw was when you were actually involved in the holdup?

 

BOBO

 

That's right.

 

O'BRIEN

 

Did you ever talk to Osvaldo?

 

BOBO

 

I said a few words to him.

 

O'BRIEN

 

You told him that he had better participate in the crime or you would hurt him?

 

BOBO

 

He wanted in.

 

O'BRIEN

 

But he testified that the only reason he was involved in this stickup was that he was afraid of you.

 

BOBO

 

I wouldn't bring anybody into a serious jam unless they wanted to be there. You can't rely on nobody that don't want to be there.

 

O'BRIEN

 

When you were in the drugstore—and you have admitted being there—did you see anyone else in the store?

 

BOBO

 

I didn't see the lady.

 

O'BRIEN

 

But you know now that a lady was in the store. Is that correct?

 

BOBO

 

Yeah.

 

O'BRIEN

 

How did you find that out, from Mr. King?

 

BOBO

 

Detective told me.

 

O'BRIEN

 

King told you about the plans, or what he wanted you to know of them. The police told you about the witness. Are you sure you were there?

 

BOBO

 

I told you I was there.

 

O'BRIEN

 

As a matter of fact, your deal depends on your admitting you were there, doesn't it, Mr. Evans?

 

BOBO

 

Yeah.

 

O'BRIEN

 

Did you talk to Osvaldo after the stickup?

 

BOBO

 

No.

 

O'BRIEN

 

Did you talk to Mr. Harmon?

 

BOBO

 

No.